New Zealand Case Law: Decisions & Judgments

Topic

Costs of interlocutory applications

Legal area

Court

28 Sept 2023

SEAN MARTIN O’KANE v SUSAN ANNE O’KANE [2023] NZHC 2699

Citation

[2023] NZHC 2699
Court

High Court

Costs awarded to the first defendant in the sum of $5,019.00. The court applied Schedule 3 allocations, held that affidavit preparation is included in step 23, disallowed claims for an unfiled statement of defence and for a case management conference where none occurred, and allowed 0.6 days for filing fee opposition and 1.5 days for preparation of submissions given the application was withdrawn five days before the hearing.
9 Jun 2016

CAROLAN v NZ REAL ESTATE CREDIT LTD and ORS [2016] NZHC 1239

Citation

[2016] NZHC 1239
Court

High Court

Leave to file the amended discovery application out of time was granted, but the defendants' application for further discovery was declined because the defendants failed to establish prima facie that the requested documents existed in the plaintiff's control or were sufficiently relevant to matters pleaded, and the requests were overly broad and potentially onerous; plaintiffs awarded costs on a 2B basis for the defendants' application and costs relating to the plaintiff's discovery application were reserved.
23 Jul 2014

Marr v Parkin [2014] NZHC 1729

Citation

[2014] NZHC 1729
Court

High Court

The defendant was the successful party on the discrete interlocutory application for security for costs and, because the application was pursued in accordance with the parties' agreed timetable and was a standalone matter, the Court awarded costs for that application (Category 2 Band B and filing disbursement) rather than deferring costs to the substantive proceeding.

New Zealand Case Law

SEAN MARTIN O’KANE v SUSAN ANNE O’KANE [2023] NZHC 2699

CAROLAN v NZ REAL ESTATE CREDIT LTD and ORS [2016] NZHC 1239

Marr v Parkin [2014] NZHC 1729